Hahn v. Hill Investment Co.
Hahn v. Hill Investment Co.
Opinion of the Court
This was a suit to quiet title. The parties claimed title to the land in question as follows: The plaintiff, the Hill Investment Company, under a sheriff’s deed; defendant C. B. Hahn, under mesne conveyances from the holder of the patent; and defendant Tansel F. Hahn, under a tax deed dated January 19, 1900, which was recorded more than five years before the action was commenced. This deed is in the statutory form, showing that the land 'was offered at a tax sale for the delinquent taxes of 1895 and was bid off by the treasurer for the county for $5.52, the taxes and charges then due, and recites an assignment of the certificate on the 16th day of January, 1900, to Tansel F. Hahn, for $31.74, and the payment by her of $4.32, the subsequent taxes of 1899. The granting clause recites a consideration of $36.06, taxes, costs and interest for the years 1895, 1896, 1897, 1898 and 1899.
It is contended that this deed is void upon its face because (1) it does not appear that the assignee of the certificate paid the amount necessary to redeem, (2) it was assigned for an excessive amount, and (-3) it does
The tax title being superior to the other titles pleaded, it is not necessary to consider the .validity of the sheriff’s deed as against the title claimed by C. B. Hahn.
The judgment rendered in favor of the plaintiff is reversed, and the cause remanded with directions to render judgment for defendant Tansel F. Hahn, as prayed for in her answer.
Reference
- Full Case Name
- C. B. Hahn v. The Hill Investment Company
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Tax Deeds—Consideration for Assignment of Certificate. A tax deed was not void on its face because the taxes due when the certificate was assigned were given in a gross sum, instead of a separate statement of the taxes f.or each year. 2. -Same. The tax deed having been recorded five years, it was presumed the amount recited as the consideration for the assignment was correct.